Competition

  • February 20, 2025

    NCAA Wins First Round In Latest Fight Over Athlete Eligibility

    A University of Georgia baseball player's request for a temporary restraining order to allow him to play immediately this season was denied by a Georgia federal judge, after the NCAA argued that its eligibility policies should not be overridden without a "more fulsome" hearing.

  • February 20, 2025

    Drug Buyers Get OK On $275M Sandoz Antitrust Settlement

    Swiss drugmaker Sandoz and its subsidiaries will pay consumers, insurers and other "end payer plaintiffs" $275 million to settle class action claims that it conspired with other companies to fix the price of certain generic drugs, under a deal that got preliminary approval from a Pennsylvania federal court Wednesday.

  • February 20, 2025

    Tenn. Player Says NCAA Waiver Denial Ends College Career

    A college baseball player said he is being "irreparably harmed" by a Tennessee federal judge's decision denying his early request to override NCAA eligibility rules so he can play for the University of Tennessee for the Spring 2025 season, arguing that if the ruling is not reversed, his "collegiate baseball career will be over."

  • February 20, 2025

    No Deal In Sight For DOJ's Case Against Amex GBT Merger

    The Justice Department and American Express Global Business Travel appear unlikely to settle a government challenge to the planned $570 million purchase of CWT, according to a New York federal court filing that came just a day after the transaction got a boost from U.K. authorities.

  • February 20, 2025

    FCPA Shake-Up May Open Bribery Loophole

    New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.

  • February 20, 2025

    Competition Group Of The Year: Cravath

    Cravath Swaine & Moore LLP scored a trailblazing antitrust verdict for Epic Games when a California federal jury decided Google's Play Store illegally dominated the Android app market, making Cravath one of the 2024 Law360 Competition Groups of the Year.

  • February 20, 2025

    Ex-Heritage Pharma CEO Disciplined Over Price-Fixing Case

    The New Jersey Supreme Court has retroactively suspended the former chief executive of Heritage Pharmaceuticals Inc. from the state bar for three years over his role in a price-fixing conspiracy.

  • February 20, 2025

    Sen. Warren Wants DOJ To Probe Disney-FuboTV Deal

    Sen. Elizabeth Warren is calling on the U.S. Department of Justice to "closely scrutinize" Disney's acquisition of a majority stake in the live television streamer Fubo, saying the deal raises serious antitrust concerns and could allow Disney to inflate prices.

  • February 20, 2025

    Musk's X Seeks Cash At $44B Valuation, Plus More Rumors

    Elon Musk is seeking to raise money for his social media platform X at a $44 billion valuation — the same price he paid to buy the site in 2022 — while BP is considering selling its Castrol lubricants unit for $10 billion and KKR could inject $5 billion into ailing British utility Thames Water. Here, Law360 breaks down the notable deal rumors from the past week.

  • February 20, 2025

    Conflicts Should Block Mastercard Settlement, Innsworth Says

    Litigation-funder Innsworth told the Competition Appeal Tribunal on Thursday that the negotiating process behind a £200 million ($250 million) settlement to end a mass claim against Mastercard has created conflicts of interest which mean the deal should be refused. 

  • February 19, 2025

    PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe

    Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.

  • February 19, 2025

    FTC 'Independence' When Dissent Can 'Get You Fired'

    The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.

  • February 19, 2025

    Judge Won't Halt PBM Case Over Attack On FTC Independence

    A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.

  • February 19, 2025

    3D Printing Co. Escapes Chancery Suit Over $575M Merger

    An ExOne Co. investor failed to show why the 3D printer manufacturer should have postponed a shareholder vote over its rival's purchase of the company, a Delaware vice chancellor has ruled, tossing the investor's proposed class action that alleged the company's board of directors breached its fiduciary duties.

  • February 19, 2025

    Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data

    U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.

  • February 19, 2025

    Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims

    An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.

  • February 19, 2025

    Faegre Drinker Adds White & Case Antitrust Pro In SF

    Faegre Drinker Biddle & Reath LLP has brought on a former Silicon Valley office executive partner from White & Case LLP to its office in San Francisco, strengthening the firm's litigation practice with an attorney who said she has helped represent clients in multiple high-profile trials including matters involving antitrust issues.

  • February 19, 2025

    Buyers Say Berkshire Unit's Threats Raised Prices

    A company that buys calsil insulation filed a proposed class action on Wednesday against a Berkshire Hathaway-owned maker of the insulation, claiming a Colorado jury's antitrust verdict shows the manufacturer engaged in anticompetitive practices and passed on monopoly prices to buyers.

  • February 19, 2025

    Competition Group Of The Year: Winston & Strawn

    Winston & Strawn LLP represented former student-athletes who changed the shape of college sports with a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules, earning the firm a spot among the 2024 Law360 Competition Groups of the Year.

  • February 19, 2025

    Pot Consultant Says Ex-Partner Breached NDA, Swiped Client

    A Colorado-based cannabis consulting firm is suing one of its subcontractors, saying the other company breached a nondisclosure agreement and used confidential information to steal a contract with a California city.

  • February 19, 2025

    Mastercard Deal Does Not Need To Be Perfect, Tribunal Told

    Mastercard's £200 million ($250 million) agreement with Walter Merricks "does not have to be perfect" to get approval from the Competition Appeal Tribunal, lawyers for both sides argued on Wednesday in the court's first hearing in a contested class action settlement.

  • February 18, 2025

    Equifax Can't Duck Employment Verification Monopoly Claims

    A Pennsylvania federal judge on Tuesday refused to throw out a proposed class action accusing Equifax of monopolizing the income and employment verification market, rejecting Equifax's argument that plaintiff Greystone Mortgage hasn't plausibly alleged that Equifax engaged in anticompetitive conduct.

  • February 18, 2025

    Trump Exec Order Expands Control Over Independent Agencies

    President Donald Trump signed an executive order Tuesday to limit the autonomy of independent agencies such as the U.S. Securities and Exchange Commission and Federal Communications Commission by requiring them to submit draft regulations for presidential review.

  • February 18, 2025

    Net Neutrality Supporters Want 6th Circ. Redo On FCC Rule

    Public interest groups urged the full Sixth Circuit on Tuesday to reconsider toppling net neutrality rules, arguing that the court's holding conflicts with sister circuits' take on whether broadband providers can be regulated under the Telecommunications Act.

  • February 18, 2025

    Discover Can't Get Judge To Rethink Decision In Risk Case

    A New York federal judge will not rethink her decision denying Discover a quick win in a lawsuit over whether it and several other credit card companies conspired to dump fraud risk onto retailers, ruling that the suing retailers can continue their claims.

Expert Analysis

  • FTC Focus: Avoiding 'Gun Jumping' Violations

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Top 10 Healthcare And Life Sciences Issues To Watch In 2025

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    Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.

  • Why Trump's FTC May Not U-Turn On Robinson-Patman

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    The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • How Views On Healthcare Price Transparency Are Changing

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    Regulators' attitudes toward price transparency regulation have shifted over the past several years in ways that may seem contradictory, and research into detailed rate information published by hospitals and health plans has yielded mixed results, says Matthew List at Charles River Associates.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What BT Ruling Will Mean For UK Class Actions

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    The Competition Appeal Tribunal’s recent dismissal of a £1.3 billion mass consumer claim against BT, the first trial decision for a U.K. collective action, reminds claimants and funders of the high bar for establishing an abuse, and provides valuable insight into how pending mass consumer cases may be resolved, say lawyers at Ashurst.

  • Overseas Investment Rule Calls For Compliance Caution

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    Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.

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